It can be a very difficult moment if you have co-habited with a partner and are now going through a separation or divorce. However, not knowing whether you should stay or leave the home where you have lived together might add to the tension. We’ll ask you a series of questions to help you decide.
It is critical to understand the facts and how to apply them to your specific situation. Please utilise the questions below to assist you in making the best option for you.
Is there a history of domestic violence?
If there have been incidents of domestic abuse, it is critical that you obtain legal guidance in order to protect yourself and your family. You may be able to apply for a non-molestation order or an occupation order to safeguard your safety and ensure that you continue to live in the residence to the exclusion of your ex-partner. If the property has been your home, there is a good chance you should stay and not leave, especially if you have children. Every case is unique to the person, and we will provide guidance based on your specific circumstances.
Are you and your partner the property’s legal owners?
You are a legal owner and have the right to occupy if you and your partner are both named owners of the property. Again, your unique circumstances must be addressed; however, it is possible that you will remain on the property while your ex-partner must go. If that’s the case, how will that work? Is it possible for you to take up the mortgage on your own if the home is subject to a joint mortgage? Are you able to make your monthly mortgage payments? How much should you pay your ex-partner? It is strongly advised that you consult with a financial counsellor or mortgage broker to consider all of your choices.
Is your ex-partner the property’s sole named owner?
If your ex-partner is the only named owner of the property, you should consider your choices. You do not have an inherent right to remain in your house if you are not the owner and are not married or in a civil partnership. However, you may be able to obtain a court order allowing you to remain in the house for the welfare of your children. If you believe you have a right to remain, you should investigate how the law can assist you. The Trusts of Land and Appointment of Trustees Act of 1996 may be useful if you have a beneficial stake in the property in some way. Have you, for example, paid for renovations? Have you made any contributions to the mortgage? Was the property always supposed to be your house as well as your ex-partner’s, and do you have proof? If this is the case, you may be able to prove a beneficial interest and thereby assert your right to remain. There are numerous and various methods for determining this, and you should get legal guidance for your unique circumstances.
If neither you nor your ex-partner own the property, it may be that your property belongs to a family member or you are renting the property; neither of you has the legal right to remain on a long-term basis. If you rent a home, you may prefer to continue living there without your ex-partner. This is something you should discuss with your landlord, as it will be governed by contractual responsibilities. However, it is possible that you both need to quit the property and start over independently.
